SOM PRAKASH Vs. DAL WATI RANI RATHAUR

JUDGEMENT

(1.) A petition Under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) was filed by the opposite party against the applicant in the court of the District Judge, Rampur. One of the pleas raised in defense by the applicant was that the District Judge had no jurisdiction to entertain the petition. An issue being issue No. i was framed on the basis of this plea and was decided by the District Judge by his order dated 10th October, 1985, against the applicant. The present revision has been filed against this order of the District Judge.

(2.) It has been urged by counsel for the applicant that since the State Government has issued a notification in the official gazette specifying the civil courts which all be " district court "' under the Act it is only the courts as specified in the notification which had the jurisdiction to entertain an application under the Act. I find it difficult to agree with this submission. The term ' district court ' has been defined in Section 3(b) of the Act. It reads:

(3.) It is accordingly dismissed and the interim order of stay is vacated.